Delhi High Court - Orders
Khushi Anand vs Union Of India & Ors on 31 May, 2021
Author: Rekha Palli
Bench: Rekha Palli
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5637/2021
KHUSHI ANAND ..... Petitioner
Through Dr. Menaka Guruswamy, Sr. Adv.
with Ms. Aiswarya Murali, Ms. Noor
R Pahwa & Mr. Puneet Pathak, Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Through Mr. Prashant Mehta & Ms. Divita
Vyas, Advs. for R- 2 - 4.
Ms. Sonia Mathur, Sr. Adv. with Ms.
Charu Mathur, Adv. for R-5.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 31.05.2021 CM APPL. 17571/2021 & CM APPL. 17572/2021
1. Exemptions allowed, subject to all just exceptions.
2. A notarized affidavit and the requisite Court fee be filed within two weeks of this Court resuming physical hearing.
3. The applications stand disposed of.
W.P.(C) 5637/2021 & CM APPL. 17570/2021
4. The present writ petition has been filed by the daughter of one Mr. Ravi Anand, who is admittedly lying in a comatose state since 08.02.2018.
5. Dr Guruswamy, learned senior counsel for the petitioner submits that notwithstanding the separate, presently pending petition instituted by the petitioner's mother/Mr Ravi Anand's wife seeking grant of guardianship of Signature Not Verified Digitally Signed By:AWANISH CHANDRA MISHRA Signing Date:01.06.2021 19:32:14 the said Mr. Anand, the petitioner has filed this petition since she is his only child and has recently become an adult. She submits that the petitioner is, therefore, seeking to be appointed as the co-guardian of her father, in order to enable the petitioner and her mother to cater to his needs, especially his existing medical requirements. By way of an explanation, she submits that presently, the cochlear implants which Mr Ravi Anand has been using need to be replaced urgently, for which the petitioner and her mother need funds. She submits that for that reason, the respondent nos.2 to 4 be directed to forthwith release a sum of Rs. 5,32,000/- in favour of the petitioner and/or her mother.
6. Dr Guruswamy further submits that even the commercial interests of Mr. Ravi Anand need to be protected, especially his shareholding in the respondent no.2 Company, viz. CP World Lines Private Limited, which was primarily set up through the hard work of Mr. Ravi Anand who held 90% shareholding thereof. However, given that the said Mr Anand has been in a comatose state since 2018, his brother/respondent no.3 and his father/ respondent no. 4 have taken over the affairs of the company, to the exclusion of the petitioner and her mother. She submits that this is what, thus, compelled the petitioner to approach this Court and seek protection of her father's interests in the company, by asserting her rights as Mr Anand's progeny to his stakes in the company. She also submits that the petitioner has sought directions to be given access to the personal bank accounts of her father.
7. Issue notice. Mr. Prashant Mehta accepts notice on behalf of respondent nos.2 to 4 and Ms. Charu Mathur accepts notice on behalf of respondent no.5. Upon the petitioner taking steps, issue notice to respondent Signature Not Verified Digitally Signed By:AWANISH CHANDRA MISHRA Signing Date:01.06.2021 19:32:14 no.1.
8. Counter affidavit be filed within four weeks. Rejoinder thereto, if any, be filed within three weeks thereafter.
9. At the outset, Mr. Mehta assures the Court that the respondent nos.2 to 4 will forthwith release the necessary amounts for the cochlear implant replacement procedure of Mr Ravi Anand, within one week of the petitioner furnishing a medical certificate prescribing such a procedure to him - issued by any of the doctors who are currently treating him.
10. Insofar as the petitioner's other prayer for grant of access to personal bank accounts of Mr Ravni Anand in CM APPL. 17570/2021 is concerned, I am not inclined to grant the same at this stage in view of the fact that the concerned banks have not been made a party to this petition, and the learned counsel for the respondent nos.2 to 4 has given a statement that none of the personal bank accounts of Mr. Ravi Anand were or are being operated by the said respondents.
11. In these circumstances, Dr Guruswamy, on instructions, does not press the present application. However, she seeks liberty to move a fresh application seeking the same relief after impleading the concerned Banks. Liberty, as prayed for, is granted. The captioned application, CM APPL. 17570/2021, stands disposed of as not pressed.
12. List the present petition alongwith W.P.(C) 3056/2020 on 18.08.2021.
REKHA PALLI, J MAY 31, 2021/kk Signature Not Verified Digitally Signed By:AWANISH CHANDRA MISHRA Signing Date:01.06.2021 19:32:14